Alternative dispute resolution in the South African pension funds industry: An Ombudsman or a Tribunal?

Abstract

This paper argues that South Africa, which has a Pension Funds Adjudicator whose role resembles that of the Pensions Ombudsman in the UK, requires a single, one-stop Pension Complaints Tribunal with exclusive jurisdiction in relation to all pension fund matters arising from whatever quarter. The tribunal model meets the requirements of the South African Bill of Rights more effectively to ensure access to dispute resolution by impartial and independent tribunals.